JITENDRA KUMAR Vs. EMAAR MGF LAND LIMITED

JUDGEMENT

(1.) Heard Mr. Sushil Kaushik, Advocate, for the complainants and Mr. Rajeev Agarwal, Advocate, for the opposite party.

(2.) Jitendra Kumar and Neelam Kumari have filed above complaint for directing the opposite party to pay (i) delay compensation in the form of interest @12% per annum on their deposit from due date of possession till 6/3/2017; (ii) interest @24% per annum, compounded monthly on the amount of delayed compensation from 6/3/2017 till the date of its realization; (iii) Rs.500000.00, as compensation for mental agony, harassment and the litigation costs; and (v) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that the opposite party was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project and selling its unit to the prospective buyers. The opposite party launched a group housing project of independent build-up floors, in the name of "Emerald Hill-Floors" at villages Nangli Umarpur, Badshahpur, Maidawas, Sector-65, Gurgaon, in the year 2009 and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite party, Mr. Arun David booked a floor on 23/6/2009 and deposited booking amount. The opposite party allotted Unit No. EHF-350-I-SF-095, super area 1750 sq.ft., basic sale price of Rs.6508600.00 and executed Buyer's Agreement in his favour on 10/12/2009. Annexure-III of the agreement provides payment plan as "construction link payment plan". As per demand of the opposite party, Mr. Arun David deposited Rs.6550262.00 till September, 2013. With permission of the opposite party, the complainants purchased Unit No. EHF-350-I-SF-095, from Mr. Arun David on 15/1/2017 for a sale price of Rs.10850000.00. At that time, the opposite party assured the complainants that delay compensation would be paid on offer of possession as per agreement. Clause-13(a) of the agreement provides due date for possession as 27 months from the date of agreement with grace period of 3 months. Due date of possession expired in June, 2012. The opposite party offered possession, vide letter dtd. 20/2/2017, along with demand of Rs.944544.00. The complainants deposited the amount, completed formalities and took possession on 6/3/2017. Although possession was unreasonably delayed but the opposite party did not give any amount as delay compensation as per clause-15(a) of the agreement. Then this complaint was filed on 2/1/2019, alleging deficiency in service.